Articles

About Articles The following articles are published by the Health Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Jennifer O'Dell

Today
Today
OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum

Cross-Canada Virtual Care Licensure Requirements and Best Practices

  • June 28, 2021
  • Louise Sweatman, BScN, RN, MSc, LLB, Director of Health Law Policy and Legal Counsel for the Canadian Medical Association, and Christine Laviolette, BHSc, JD, Senior Associate, BLG,, with special thanks to BLG student Courtney Po for her research assistance

Virtual care has allowed Canadians more convenient and faster access to health care providers during the COVID-19 pandemic. For health care providers who wish to practice virtual care across provinces and territories licensing challenges remain. This article summarizes licensing requirements for physicians practising virtual care across provincial or territorial borders, as well as tips and best practices for regulated health professionals.

Health Law, Student Forum

Privacy and Body Temperature Taking During COVID-19

  • May 03, 2021
  • Abby Benattar and Wendes Keung

As the pandemic persists, a health practitioner’s office must maintain measures that protect its community’s safety in the most contactless way possible. Biometric kiosks are one way to achieve this objective. However, the use of biometric kiosks carries a host of privacy concerns regarding body temperature as personal health information and the expectation of privacy.

Health Law, Student Forum, Information Technology and Intellectual Property Law

Full Names of Parties Now Published in HPARB Complaint Review Decisions

  • April 30, 2021
  • Lad Kucis, partner, Gardiner Roberts LLP

HPARB has changed its former practice of anonymizing its published decisions and is now publishing the names of parties when releasing its decisions on canlii.org. Lad Kucis, a partner of Gardiner Roberts who practices health law and professional regulation, discusses this recent change and the potential impacts on healthcare professionals and patients.

Health Law, Student Forum

In Case You MIssed It: A High Level Overview of Medical Assistance in Dying (MAID) Iin Canada and What's New in Bill C-7

  • April 30, 2021
  • Carina Lentsch, principal lawyer, ACL LAW

On March 17, 2021, the federal government passed Bill C-7: An Act to amend the Criminal Code (medical assistance in dying), which legally expands access to MAID in Canada. This article offers a high-level overview of how we got here and what has changed since Bill C-7 has become the law of the land.

Health Law, Student Forum

A Recap of PD Programming: Effective Advocacy Before Health Discipline Committees

  • March 03, 2021
  • Carina Lentsch, ACL LAW - www.acllaw.ca

Effective advocacy in health law requires the ability to argue before a variety of adjudicators. Read this summary of the OBA Health Law Section's recent PD program on Advocating before Health Discipline Committees and gain valuable insights from the decision-makers themselves about how counsel can advocate effectively for their clients at health discipline committee hearings.

Health Law, Student Forum

Meet Your Practitioners: Medical Malpractice Edition

  • March 03, 2021
  • Jonathan Farine, introduction by Carina Lentsch, ACL LAW

We are excited to share with you the insights of five prominent members of the bar with extensive experience in medical malpractice litigation, both from the perspective of plaintiffs and defence counsel. Whether you are currently working on medical malpractice files, considering a career in this interesting and complex area of litigation, or are just curious about what senior members of the bar who practice in this field have to say about their work, read on.

Health Law, Student Forum

E-Hearings: The New Normal for Discipline Hearings During COVID-19

  • January 04, 2021
  • Carina Lentsch, ACL Law - www.acllaw.ca

This article comments on the recent decision of the discipline committee of the College of Nurses of Ontario (CNO) in College of Nurses of Ontario v Ramos, 2020 CanLII 82614 (ON CNO), denying a deferral of a virtual hearing until a time where in-person hearings are resumed.

Health Law, Student Forum

Case Comment: LTC Mandatory COVID Testing Policy upheld in Labour Arbitration

  • January 04, 2021
  • Carina Lentsch, ACL Law - www.acllaw.ca

Health-care workers in long-term care (LTC) and retirement homes may be required by their employers to undergo COVID-19 testing. This was the decision of arbitrator Dana Randall in Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes, 2020 CanLII 100531 (ON LA). This article summarizes key points of the arbitral decision.

Elder Law, Health Law, Student Forum

Recap of PD Program: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times

  • January 04, 2021
  • Teddy Weinstein

This article is a recap of the November 17 PD event of the OBA Health Law Section: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times. The program addressed how the arrival of COVID-19 in Ontario has affected access to health information, patient privacy in the new virtual age, and the application of PHIPA to consumer electronic service providers.

Health Law, Student Forum